The Legal Regulation To The Monopoly Of Higher Education In Our Country

Since the reform and opening up, China’s higher education has got the rapiddevelopment. The rapid development of higher education is a response to the waypeople have been looking forward to it.On the other hand, people are eager to reformthe higher education.Especially,they are strongly unsatisfied at the phenomena ofdomicile careers advantage which is from the monopoly of the higher education.Withits rapid development,we should see that the problem of monopoly is worse and worseand it has seriously hindered the development and the quality improvement of highereducation.Thus it is the malignant tumor of higher education.If we don’t get rid of it,it will directly hinder the development and quality of higher education in China.Themonopoly of the higher education is divided into the following: market monopoly andadministrative monopoly. The latter has a stronger influence on it.In order to break the monopoly of higher education from a legal perspective, thispaper thinks the monopoly of higher education is the combination about the behaviorof education administrative departments and the one of higher colleges anduniversities.Thus it has the complexity of administrative monopoly and economicmonopoly. In order to break the monopoly phenomena and standardize the marketorder of higher education,we must set up the legal regulation.We should protect the lawful higher education.For example, some monopoly isgood for national security interests, social stability and development of highereducation and it doesn’t affect the normal competition.There is also an aspect ofmarket failure, which makes that higher education market can not be isolated withgovernment’s macro-management. And the cultural functions of governmentdetermines that it is necessary to carry out the activities of higher educationregulation.We must regulate the illegal monopoly. Firstly, we should re-examine thelaws of higher education.Secondly, we should improve the Higher Education Act.Thirdly, higher administrative monopoly must adapt to the Antitrust Law. Fourthly,we must make the redefinition of the executive power of higher education.Fifthly, wemust carry out the education vouchers in the field of higher education.